There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
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Free the Economy podcast: Fighting for freedom with Kent Lassman
In this week’s episode we cover bank privacy, SNAP benefits, a new study on tariffs, and a great new podcast…
News Release
CEI leads coalition letter urging Senate action on regulatory reform bills
The Competitive Enterprise Institute today led a coalition letter to Senate Republican leaders urging passage of two important House-passed regulatory reform bills, the Guidance Out of Darkness (GOOD)…
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OPFAIL: Establishing a Congressional Office of Political Failure Analysis
For decades, reformers have proposed some version of a Congressional Office of Regulatory Analysis (CORA), a congressional counterpart to the regulatory oversight apparatus housed within…
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Regulatory Delays May Be Responsible For Slightly Better GDP Growth
This morning, data released by the Bureau of Economic Analysis showed third-quarter growth of gross domestic product (GDP) at 2 percent. This beat expectations slightly as, according to…
Blog
Pepco Caves On Contract Dispute To Avoid Union Strike
Talk about having your negotiating adversary over the barrel. Pepco and the International Brotherhood of Electric Workers’ Maryland-based Local 1900 had been in contract gridlock…
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Regulation In Theory Vs. Practice
Externalities, asymmetric information, and monopolies are useful concepts for understanding how regulators should behave. But the important thing is how they do behave.
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Police (Union) Brutality: Montgomery County Police “Effects” Bargaining Bludgeons Public Safety
This November, voters in Montgomery County, Maryland, will decide whether the police chief or union boss should determine public safety policy. The voter initiative, which will appear…
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PolitiFact Smears Supreme Court, Provides False Political Talking Point For Democratic Party
Earlier, the left-leaning "fact-checker" PolitiFact made the false claim the Supreme Court had declared employees are barred from suing over pay discrimination even…
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CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from gas mileage to certifying seafarers.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment